12 Staff Report - Police Departments Youth Party Guidelines~tI N 0
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DATE:
MEETING DATE: 04/04/2005
ITEM NO. 12
COUNCIL AGENDA REPORT
MARCH 23, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ACCEPT STAFF PRESENTATION OF THE POLICE DEPARTMENT'S
YOUTH PARTY GUIDELINES
RECOMMENDATION:
Accept staff presentation of the police department's Youth Party Guidelines
BACKGROUND:
The police department has been working with the community for the past two years to address issues
related to youth and alcohol use. As one specific initiative, the department has developed guidelines
regarding police response to parties involving youth and community responsibilities relative to youth
and alcohol. These guidelines have recently been finalized and issued within the police department.
Additionally, the guidelines will be shared with the community to foster on-going discussions. The
guidelines are being shared with Council for information and to begin to make the public aware of
the new guidelines.
DISCUSSION:
The concept of a formalized statement of youth parry response guidelines arose from the community
conversation in March 2003 surrounding youth and high risk behaviors as part of the Alive ...And
Loving Life initiative. The police department committed to creating a document that would give
structure to what the community could expect of the department upon learning of, or responding to,
youth parties, particularly those involving the use of alcohol. A second key element of the guidelines
is the acknowledgment of both community-wide and individual responsibility for the safety of youth
in Los Gatos.
PREPARED BY: SCOTT R. SEAMAN ~ . G M~
CHIEF OF POLICE
Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator
/tiFinance Community Development Revised: 3/24/05 3:13 pm
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ACCEPT STAFF PRESENTATION OF THE POLICE DEPARTMENT'S
YOUTH PARTY GUIDELINES
MARCH 23, 2005
The Youth Parry Guidelines include several elements including:
• a statement of philosophy regarding the police and community roles in addressing youth and
alcohol issues
• a listing of applicable laws
• a structure by which people who are hosting parties can work with the police department to
resolve noise or disturbance issues without police response
• a statement of how the police, generally, will manage their response to youth parties
• a framework for community stakeholders to work collaboratively and systematically to
address alcohol or other issues in the future
These guidelines were developed with input from students, parents, school administrators and other
members of the community. Research among other police departments in California and the United.
States indicates that these guidelines are relatively rare within law enforcement and demonstrate a
collaborative problem solving approach to a complex community issue.
The police department will use the guidelines to create discussion between police, youth, parents,
school officials and community members on an ongoing basis. The department will work with local
media, use the Town website and partner with community groups and the schools to make the
comiliunity aware of the guidelines. Additionally, the police department intends to share these
guidelines with the broader law enforcement community, including presentation at professional
conferences.
CONCLUSION:
The Youth Parry Guidelines are currently adopted by the police department and will become an
integral element of how the department works with the community to address issues of youth and
alcohol.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no fiscal impact arising from the adoption of these guidelines. Any expenses associated
with the presentation of the guidelines at a professional conference will be paid from the police
department's operating budget.
Attachments:
Youth Party Guidelines
Los Gatos
- POLICE DEPARTMENT
Monte Sereno
TO: All Personnel DATE: March 21, 2005
FROM: Scott R. Seaman
Chief of Police .
SUBJECT: Youth Party Guidelines
1. STATEMENT OF PHILOSOPHY:
It is the policy of the Los Gatos/Monte Sereno Police Department to handle youth
parties with an appropriate response consistent with community safety through
measured, focused action and following the principle of shared community
responsibility and accountability. The Police Department believes in a partnership
based approach to cultivate change in the way the community addresses issues of
youth and alcohol. The police response to a party should be handled in a low profile
manner unless the situation is clearly out of hand, beyond the control of the person
responsible, or endangering public safety or property. Those responsible for the party
should be given the initial opportunity to alleviate and correct the reporting party's
complaints without police interference, as long as the primary complaint is disturbing
the peace.
To accomplish this mission, the Los Gatos/Monte Sereno Police Department has a
disciplined, well=trained and educated police force, respectful of every citizen's right to
be dealt with fairly, respectfully, and always from a perspective of protecting the safety
of persons and property within the Town.
It is the policy of the Los Gatos/Monte Sereno Police Department to work closely with
the community in explaining and enforcing the laws concerning the illegal
use/possession of alcohol. Further, the Department will partner with youth, parents,
schools, community organizations and other law enforcement agencies in issues of
youth and alcohol.
II. LAWS CONCERNING YOUTH AND ALCOHOL:
The primary laws affecting youth, alcohol, and youth parties include:
Youth and Alcohol
25662 B&P Person under 21 years of age in possession of alcohol.
25661 B&P Person in possession another's identification, or a false
identification to obtain alcohol.
18.10.015 TC Drink or possess an open container of alcohol in a public
place.
Vehicles, Youth, and Alcohol
23136 VC Driver under 21 with a blood alcohol concentration (B.A.C.) of
.01 or greater, license suspension of 1-3 years.
23140 VC DUI by a person under the age of 21, with a B.A.C. of .05 or
greater, or under the influence of drugs. -
23152 VC DUI by a person 21 or older, with a B.A.C. of .08 or greater, or
under the influence of drugs.
23153 Vr Felony Ill lll, which causes the iniUr i or death of another. J Ii
23190 VC Felony DUI, third or subsequent DUI conviction.
23222 VC Driver possess an open alcohol container or marijuana in a
vehicle.
23223 VC Passenger possess an open alcohol container.
23224(a) VC Driver under 21 possesses alcohol in a vehicle.
23224(b) VC Passenger under 21 possess alcohol in a vehicle
21200.5 VC DUI on a Bicycle. Operate a bicycle under the influence of
alcohol or drugs.
Parties
415(2) PC Disturbing the peace of another.
18.50.115 TC Civil liability for the cost of providing second response police
services at a party where the responsible person has been
warned to control the threat to public peace.
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Adults, Youth, and Alcohol
Another group of state and local laws govern the use of alcohol by minors involving
parents or adults. The following statutes relate to adult accountability in underage
drinking situations.
272 PC
25658 B&P
25658.2 B&P
18.30.010 (b)TC
Contributing to the Delinquency of a Minor. Commit any
act causing a minor under 18 to be in violation of law.
Furnish alcohol to a person under 21.
Parent permitting a person under age 18 to drive DUI,
which results in an accident.
Host or allow a party where persons under the age of 21
are present and alcohol is being served.
Parents should always be cautious about leaving their homes in the care and custody of
teenagers for extended periods of time. Although children can be responsible, other
youth can be attracted to the premises of an unsupervised house resulting in a party
where alcohol may be present.
If the police department is called, or if it responds to a home left supervised by a minor
child, and if there is a gathering in which alcohol is present, the preferred response of
the police department will be: obtaining order, ensuring the safety of those attending
and accountability of responsible persons to include the enforcement of laws.
An adult may not legally serve alcohol to a minor unless the adult is the parent or
guardian of that minor. Therefore, if a planned event will involve providing liquor to an
underage youth, the host of the event should be aware that this activity constitutes a
criminal offense. This offense may be prosecuted upon complaint of the minor, his/her
parent, the police, or the district attorney. Furthermore, the risks associated with
hosting such an event could lead to civil sanctions.
While any of the offenses listed above could result in a criminal prosecution, the
following circumstances would dictate that the preferred police response would be
arrest and prosecution.
A. Youths who are flagrant or repeat offenders of alcoholic beverage laws
B. Youths who are transporting or providing alcohol to others
C. Hosts of underage drinking parties, including parents and/or guardians
III. PARTY RESPONSE GUIDELINES:
Recognizing that every party situation is different, the Los Gatos/Monte Sereno Police
Department uses the following guidelines in responding to youth parties. These
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guidelines serve only as a suggested basis for response and do not represent
guaranteed actions in incidents of underage drinking or youth parties which are
compromising public safety or the peace or another or, in the judgment of the officer,
require other specific action. The Department will approach party situations in the least
authoritarian manner, as long as the situation does not jeopardize the public safety of
the community, the security of property, or the safety of emergency services personnel.
GUIDELINE 1
When practical, or in circumstances where the Police Department does not have
specific information that alcohol is present at a party where minors have congregated,
the Police Department will contact the person responsible for the party by telephone to
explain the complaint being made about the party. The responsible person should be
given the opportunity to rectify the problem and alleviate the need for police response.
The complainant should be told that if the problem is not resolved, they should recall
the police.
After a reasonable period of time, an officer should attempt to check the area of the
party to ensure that the complainant's concerns are resolved. If there is illegal activity or
a dangerous situation presents itself, officers will respond as appropriate.
GUIDELINE 2
If police response is necessary, i.e., the responsible person cannot be reached by
telephone or there are violations reported which endanger the safety of persons or
property, the Police Department will respond to the scene and pursue the following
actions:
Take action(s) necessary to ensure the safety of persons and property.
When possible, unless emergency conditions dictate, a low-profile response and
approach to the scene should be conducted by officers. They should evaluate and
measure the situation, using discretion, and encourage personal responsibility and
accountability, including speaking to parents, whether or not they are present at the
scene.
Contact and advise the responsible person about the complaint and any associated
violations. Ask the responsible person for their cooperation by quelling the disturbance
without further police intervention. Set a reasonable time limit to accomplish this task.
Explain that police enforcement action may be necessary if there is a return call
regarding the disturbance.
Provide the responsible person with a "Second Response to a Disturbance" (pink) card,
and explain what it means. An exception to this might be that the party is out of control
or creating a situation that endangers persons or property.
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Handle parking violations or other collateral violations with discretion.
Whenever practical, in cases where juveniles are contacted at a party where alcohol or
drugs are being used, or other criminal or hazardous conduct is taking place, parents of
those juveniles should be contacted and informed of the situation, and, when
appropriate, asked to come to the scene.
IV. PARTY NOTIFICATION LINE:
Public peace and safety can often be best achieved through community and police
partnerships. In the case of social gatherings, which result in a complaint to police
about noise, parking, or other relatively benign issues, a simple call from police to the
person responsible for the party may resolve the problem. Clearing a call for service in
this way will minimize the use of police personnel resources, freeing them to respond to
more critical calls.
To accomplish this, the Party Notification Line has been established. Any community
members, adults or youth, who are planning to hold a party are invited to call the Party
Notification Line (408 354-8600) and provide the communications dispatcher with the
responsible person's name, telephone number, the date and time of the party, and the
location of the party. That information will be noted in the party notification log in
Communications. If a complaint, as described above, is received, the dispatcher will
then call the person responsible for the party and inform them of the nature of the
complaint.
The responsible person will be given a reasonable time period to resolve the problem,
typically five to ten minutes to quiet loud music or guests, or ten to fifteen minutes to
address guest vehicle parking problems. The problem and the agreed upon time for
resolution will be noted in the CAD incident detail. If the agreed upon time has elapsed
and additional complaints are received, officers will be dispatched to the scene to assist
in solving the problem. (Reference guideline 2)
If a party complaint is received which reports violations of the law, or conditions, which
endanger public safety or property, officers will be dispatched whether or not the party
is listed in the party notification log.
V. "NO BUST PARTY" FLYER:
The Police Department will produce and distribute a "No Bust Party" flyer that contains
information on how to hold a party in Los Gatos or Monte Sereno and reduce the
likelihood of generating complaints and police responses. The flyer will include
information on the Party Notification Line. The flyer will be publicized in the media and
distributed throughout the community, via schools, businesses, and community-based
organizations.
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VI. INTER-AGENCY COORDINATION:
The problem of juvenile parties, which provide the youth of our community with the
opportunity to engage in alcohol/drug use, or other unsafe conduct, is a regional
condition, which transcends the borders of Los Gatos and Monte Sereno. The youth of
other communities attend parties here, and the youth of Los Gatos and Monte Sereno
attend parties in other jurisdictions. To effectively deal with individuals or
establishments which sell or provide alcohol to minors, individuals who chronically throw
parties which result in criminal violations or complaints, locations at which parties are
routinely held, or other situations compromising the safety of the youth of our
community, inter-agency communication and coordination is critical.
To accomplish that coordination, a representative of the Police Department should on a
regular basis be in contact with representatives of the following stakeholder agencies
and organizations. Coordination will be accomplished by creating an e-mail group of
identified personnel from stakeholder agencies. This way, the Police Department can
take a systematic approach to disruptive parties and take an active role in enhancing
the community's ability to hold individuals accountable for their actions.
Los Gatos High School
Other schools as appropriate
San Jose Police Department
Campbell Police Department
Santa Clara County Sheriff's Department
Santa Clara County District Attorney's Office
Santa Cruz County Sheriff's Department
Santa Clara County Juvenile Probation Department
California Department of Alcoholic Beverage Control
CASA (Community Against Substance Abuse)-(As appropriate given
confidentiality issues)
Alive...and Loving Life-(As appropriate given confidentiality issues)
Only that information which may be legally shared will be so communicated with a
particular agency/organization. When possible, information received regarding a youth
party will be dealt with prior to the event, including the contacting of parents or party
hosts, documenting the information, and coordinating with other law enforcement
agencies or stakeholder organizations, as appropriate.
In those cases where violence occurs or is threatened at a party, or any other
significant incident occurs, and it can reasonably be expected to impact a school
environment, the police department will be responsible for notifying school
administrators at the earliest opportunity, even during non-school hours, if appropriate.
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VII. PROMULGATION OF POLICY
These guidelines will be shared with the community and used to promote education and
discussion of the roles and expectations of both the police department and the
community in addressing the dynamics of youth and alcohol issues.
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